Why is time important in medical malpractice cases?

Why is time important in medical malpractice cases?

| Oct 8, 2014 | Medical Malpractice |

At times medical malpractice cases go unreported. In other instances, victims file their complaints after a considerable amount of time elapses. This can be because of unawareness of the occurrence of an injury, or a long recovery period. If the delay in discovering or taking action on an injury resulting from a medical mistake takes too long, unfortunate victims can end up missing compensation that negligent doctors rightfully owe them.

It is therefore very important that you understand exactly how much time you have to file your medical malpractice claim. Ohio state law has clear guidelines on this matter. The law imposes a statute of limitation on when you can sue a doctor for medical malpractice.

According to the statute, you have precisely a year to file a medical malpractice case. There are rules on when the clock starts running. It can begin when you discover a medical error. Alternatively, the law looks at when you should have reasonably found out. The clock can also start running from the time when the patient-doctor relationship ends. The court will use whichever option happens last.

A victim must file the medical malpractice suit, however, within four years after the negligent action in question. It does not matter when you find out about the medical mistake or the doctor-patient relationship ends; the law bars any legal action you would otherwise be entitled to take after this period.

Some mitigating factors may extend this period. One of them is giving notice to the defendant of your intention to take legal action for medical malpractice. You can file your suit within six months of giving notice.The nature of a personal injury is another factor.

When you discover a foreign object in your body after three years, you have a whole year to file your medical malpractice claim. This applies even if that year puts the period beyond the initial four years. You must, however, prove why you could not discover the object within the first three years. The four-year limit also may not apply for minors and people of unsound mind.

This post is only an overview of the time constraints that apply to a medical malpractice cause of action. Seeking the advice from a lawyer in Ohio may help you understand exactly how much time you have left.